YULON CLERK, on behalf of herself and all others similarly situated, Plaintiff, v. CASH CENTRAL OF UTAH, LLC, d/b/a CASH CENTRAL OF PENNSYLVANIA, LLC, Defendant.

MEMORANDUM

Plaintiff Yulon Clerk filed a state class action complaint alleging that the financial lending practices of fourteen defendants were illegal under Pennsylvania law. Defendants removed the action to federal court. We severed plaintiff’s claim against defendant Cash America Net of Nevada, LLC (“Cash America of Nevada”) from the claims against the other thirteen defendants, and severed the claims against the other thirteen defendants from each other. We retained plaintiff’s action against defendant Cash America of Nevada on our docket; the other thirteen actions were reassigned. This action, against defendant Cash Central of Utah, LLC (“Cash Central of Utah”), was reassigned to our docket. Before the court is defendant’s motion to dismiss plaintiff’s complaint in favor of, or to compel, arbitration. For the reasons discussed below, the motion will be granted.

I. Factual Background

Plaintiff, a Pennsylvania citizen, brings a putative class action on behalf of herself and all others similarly situated against defendant Cash Central of Utah, a Utah citizen. Plaintiff’s amended complaint alleges that defendant engaged in illegal, unfair, and deceptive lending practices, in violation of Pennsylvania’s Loan Interest Protection Law (“LIPL”), 41 P.S. §§ 101, 502 et seq., Consumer Discount Company Act (“CDCA”), 7 P.S. § 6201 et seq., and Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 P.S. § 201-1 et seq. Plaintiff also brings claims for unjust enrichment and contractual unconscionability under Pennsylvania law. Plaintiff requests: actual and statutory damages; treble damages under the LIPL; restitution of excess interest and charges collected by defendant; a declaration that the loan agreements signed by plaintiff are void and unenforceable; injunctive relief as the court deems proper; and attorney’s fees and costs. Continue reading “CLERK v. CASH CENTRAL OF UTAH, LLC”

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